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Protection AgainstHarassment of Women at

Workplace Act 2010

Amna Imam, Ph.D. (P.A.S)

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Harassment

Any unwelcome sexual advance, requestfor sexual favors or other verbal or writtencommunication or hysical conduct of asexual nature or sexually demeanin!attitudes, causin! interference with wor"erformance or creatin! an intimidatin!,

hostile or o#ensive wor" environment, orthe attemt to unish the comlainant forrefusal to comly to such a request or ismade a condition for emloyment$

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Explanation ofHarassment

(a) Abuse of authorityA demand by a erson in authority,

such as a suervisor, for sexualfavors in order for the comlainantto "ee or obtain certain %obbene&ts, be it a wa!e increase, aromotion, trainin! oortunity, atransfer or the %ob itself.

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Explanation cont !

(b) "reating a hostile en#ironmentAny unwelcome sexual advance, request for sexual

favors or other verbal or hysical conduct of a

sexual nature, which interferes with an individual'swor" erformance or creates an intimidatin!,hostile, abusive or o#ensive wor" environment.

he tyical hostile environment* claim, in !eneral,requires &ndin! of a attern of o#ensive conduct,

however, in cases where the harassment isarticularly severe, such as in cases involvin!hysical contact, a sin!le o#ensive incident willconstitute a violation.

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Explanation cont !

(c) $etaliationhe refusal to !rant a sexual favor

can result in retaliation, which mayinclude limitin! the emloyee'sotions for future romotions ortrainin!, distortin! the evaluationreorts, !eneratin! !ossi a!ainstthe emloyee or other ways oflimitin! access to his+her ri!hts. Such

behavior is also a art of the

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Workplace

he lace of wor" or the remiseswhere an or!aniation or emloyer

oerates and includes buildin!,factory, oen area or a lar!er!eo!rahical area where theactivities of the or!aniation or ofemloyer are carried out andincludin! any situation that is lin"edto o-cial wor" or o-cial activity

outside the o-ce.

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%n&uiry

Any emloyee shall have the otionto refer a comlaint either to the

mbudserson or the Inquiry/ommittee.

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%n&uiry "ommittee

%n&uiry "ommittee' 0achor!aniation shall constitute an

Inquiry /ommittee within thirty daysof the enactment of this Act toenquire into comlaints under thisAct.

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"ompetent Authority

he /ometent Authority shallimose the enalty recommended by

the Inquiry /ommittee within onewee" of the receit of therecommendations of the Inquiry/ommittee.

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inor Penalties

(a) censure$ (b) withholdin!, for a seci&c eriod,

romotion or increment$ (c) stoa!e, for a seci&c eriod, at an

e-ciency bar in the time1scale,otherwise than for un&tness to cross

such bar$ and (d) recovery of the comensation

ayable to the comlainant from ay orany other source of the accused$

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a*or Penalties

(a) reduction to a lower ost or time1scale, or to a lower sta!e in a time1scale$

(b) comulsory retirement$ (c) removal from service$ (d) dismissal from service$ and

(e) 2ine. A art of the &ne can be usedas comensation for the comlainant. Incase of the owner, the &ne shall beayable to the comlainant.

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Appeal Against +ecision of"ompetent Authority

(3) Any arty a!!rieved by decision ofthe /ometent Authority on whom minoror ma%or enalty is imosed may withinthirty days of written communication ofdecision refer an aeal to anmbudserson.

(4) A comlainant a!!rieved by thedecision of the /ometent Authoritymay also refer aeal within thirty daysof the decision to the mbudserson.

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"omplaint to,mbusperson

he mbudserson shall within 5 daysof receivin! a comlaint issue a writtenshow cause notice to the accused. heaccused after the receit of writtennotice, shall submit written defense tothe mbudserson within &ve days and

his failure to do so without reasonablecause the mbudserson may roceedex-parte. 6oth the arties can reresentthemselves before the mbudserson.

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Appeal to -o#ernor

Any erson a!!rieved by a decisionof the mbudserson under

subsection (7) of section 8 may,within thirty days of thecommunication of the decision, ma"ea reresentation to the 9overnorwhose decision shall be &nal.

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.tatistics

57 comlaints have been received so farfrom 4:35 35 withdrawn (5;

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.tatistics cont !

7 Aeals have been &led 5 ma%or enalties were set aside

3 &led for bein! retrosective 3 ma%or enalty uheld

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$esponsibility ofEmployer

It shall be the resonsibility of theemloyer to ensure imlementation ofthis Act, includin! but not limited toincororate the /ode of /onduct forrotection a!ainst harassment at thewor"lace as a art of their

mana!ement olicy and to form Inquiry/ommittee referred to in section 5 anddesi!nate a cometent authorityreferred to in section @.

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$esponsibility cont !

(4) he mana!ement shall dislaycoies of the /ode in 0n!lish as well

as in lan!ua!e understood by thema%ority of emloyees atconsicuous lace in theor!aniation and the wor" lacewithin six months of thecommencement of this Act.

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$esponsibility cont !

5)n failure of an emloyer to comlywith the rovisions of this section any

emloyee of an or!aniation may &lea comlaint before the mbudsersonand on havin! been found !uilty theemloyer shall be liable to &ne which

may extend to one hundred thousandruees but shall not be less thantwenty1&ve thousand ruees.

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$esponsibility cont !

(@) A erson a!!rieved by an orderunder subsection (5) may, within

thirty days of the communication ofthe order, ma"e a reresentation tothe 9overnor whose decision shall be&nal.

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"riti&ue

Does not include 9ender 6asedBarassment

Does not !ive ri!ht of aeal ondecisions on aeals of inquirycommittees

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-ener 4aseHarassment

Cerbal, nonverbal, !rahic, or hysicala!!ression, intimidation, or hostileconduct based on sex, sex1stereotyin!,sexual orientation or !ender identity,but not involvin! conduct of a sexualnature, when such conduct is su-ciently

severe, ersistent, or ervasive that itinterferes with or limits a erson's abilityto articiate in or bene&t from wor"related activities.

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$oot "auses ofHarassment

2eminist heory 2ertility

Inferiority and Sueriority comlexes